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2021 Supreme(Mad) 861

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
Logeshwar – Appellant
Versus
State of Tamil Nadu, Rep. by its Chief Secretary to Government, Public (Human Rights) Department, Chennai – Respondent


Appearing Advocates:For the Petitioner:A. Sirajudeen, Senior Counsel, K. Jaisankar, Advocate. For the Respondents:R1 & R2, Vijay Narayan, Advocate-General assisted by V. Jayaprakash Narayanan, State Government Pleader.

Judgment :-

(Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring the G.O.(Ms.) No.701 dated 30.12.2020 issued by the 1st respondent appointing the 3rd respondent to the post of chairperson in the 2nd respondent commission as null and void, unconstitutional, illegal and arbitrary exercise of powers on the part of the 1st respondent and consequently direct the 1st respondent to invite all eligible and suitable persons to offer their candidature and consider their merit on a rational basis and appoint the most suitable person.)

Sanjib Banerjee, CJ.

1. The writ petition is utterly misconceived and no further time be wasted thereon. These frivolous matters tend to take up substantial Court time and, more often than not, counsel furthering hopeless causes tend to dilate and seek to rely on judgments that may have no bearing on the issue at hand.

2. The petitioner says that the office of the Chairman of the State Human Rights Commission is an office under the State within the meaning of Article 16(1) of the Constitution. The petitioner asserts that to fill up such post, all eligible persons should have been given an opportunity

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